Euthanasia, Welby and Cappato acquitted: “Now the law on the end of life”

The judges of the Assize Court of Appeal confirmed the acquittal of first degree. Mina Welby and Marco Cappato, respectively co-president and treasurer of the Luca Coscioni association, were acquitted of the charge of suicide aid offered to 53-year-old Davide Trentini from Massa, suffering from multiple sclerosis and who died in a clinic in Switzerland on April 13, 2017.

Four years ago they had provided assistance to the Tuscan patient in reaching the Switzerland where he resorted to assisted suicide. They later denounced themselves to affirm a fundamental right to a sweet death even for people in his condition.

«It is a confirmation of acquittal for a patient who was not addicted to mechanical treatments, but dependent on pharmacological life-sustaining treatments. The help that was provided by Marco Cappato and Mina Welby does not constitute a crime under the sentence of the Constitutional Court “he explains Filomena Gallo, Secretary of the Luca Coscioni Association and coordinator of the defense college of Welby and Cappato.

What is the importance of this ruling?
“This sentence is important because it confirms the decision of the first in the second instance. We will have to wait for the reasons to go into detail ».

@marcocappato e @Mina_Welby were acquitted. The Court of Appeal of Genoa confirmed the first instance ruling. #28aprile #FreeFinoAllaFine @ass_coscioni pic.twitter.com/ZCAkYhbYAd

– Filomena Gallo (@Filomena_Gallo) April 28, 2021

Is it a step forward?
“It is in a country where, however, there are patients who are excluded from assisted suicide because they are not yet dependent on life-sustaining treatments. They are sick with irreversible pathology, even at times with a poor prognosis in the short term, but who are not yet so sick as to have life-sustaining treatments.We have filed a referendum question for the repeal of part of article 579 concerning the murder of the consenting and being able to arrive even in Italy to be able to affirm that right to freedom of choice of these patients that leads them to the choice of euthanasia. Faced with an immobile Parliament and a policy that is refractory to address these issues, it is the judges who are affirming freedoms “

The second degree trial will take place tomorrow morning at the Court of Appeal of Genoa a @marcocappato e @Mina_Welby for the help provided to Davide Trentini in reaching Switzerland where he obtained assisted suicide. @ass_coscioni https://t.co/DhJLER1UDD

– Filomena Gallo (@Filomena_Gallo) April 27, 2021

Other invitations to legislate, for example on homogenitorial families, also came from the judiciary.
«It almost seems that when it comes to the affirmation of personal freedoms there is a problem of the Italian legislator who fears the affirmation of freedoms. We are in a democratic country where the rule of law is in force and unfortunately we are forced to take all possible paths from the courts to popular initiatives to arrive at an affirmation of the personal freedoms of individuals. Waiting for a legislator who knows how to recognize civil liberties as the flagship of our country, we will be forced to take all possible ways to ensure that the Constitution is affirmed ”.

Referendums, courts, what other ways?
“There is a popular initiative bill that has been in Parliament for two legislatures for the legalization of euthanasia. And then there are the people who cannot wait for the times of politics. We are once again in the courts for sick people who are unable to access the possibility of putting an end to their suffering despite having the requisites provided for by the Cappato ruling. On 21 May we will be in court in Ancona for a patient for whom the ASL disregards the scope of the constitutional sentence ».